The Constitutional Basis Of Federalism - 1017 Words

Constitutional Basis of Federalism Loyalty to state governments during the Constitutional Era was so strong that the Constitution would have been defeated Central government was facing difficulties People were too dispersed and communication and transportation was not strong enough to allow governing from one location The Division of Power The Framers defined the powers of state and national governments Although they favored stronger national government, they still made the states have an important role Constitution guaranteed states equal representation in the Senate Made states responsible for both state and national elections Guaranteed that Congress couldn t forbid the creation of new states by dividing old ones unless by the consent of the state governments Created obligations of national government to protect states against violence and invasion Supremacy clause: the clause in Article VI of the Constitution that makes the Constitution, national laws, and readies supreme over state laws as long as the national government is acting within its constitutional limits They stated the following 3 were supreme law of the land Constitution Laws of the national government Treaties Judges in every state had to obey the Constitution even if state laws or constitutions directly contradicted it Tenth Amendment: the constitutional amendment stating, The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the statesShow MoreRelatedWhy the ratification of the constitution was a good thing1595 Words   |  5 Pagesa good thing The Constitution of the United States is one of the first written constitutions and one of the ‘oldest’ to have been made on the national level and applicable today. It was developed and adopted by the Constitutional Convention in Philadelphia in May and September, 1787. The Constitution of 1787 followed the adoption of the Declaration of Independence on July 4, 1776. The U.S. Declaration of Independence, as the precaution of the U.S. Constitution, is a historicalRead MoreUnited States Court Of Appeals Essay981 Words   |  4 Pages(â€Å"VFOIA†) and deny access to Virginia’s public records? Specifically, two separate constitutional violations are questioned here when a state denies access to records on basis of residence status only. If either one rules unconstitutional then Mr. McBurney’s Constitutional rights were denied in his quest for child support. Decisions: No. The application of the Virginia Freedom of Information Act (â€Å"VFOIA†) is Constitutional in this case. The Supreme Court affirmed by a unanimous opinion the Fourth Circuit’sRead MoreEssay on Ap Gov Unit 1 Constitutional Underpinnings1628 Words   |  7 PagesConstitutional Structure of American Federalism 3 constitutional powers allow the federal system 2 expand the gov’s power 2 meet the needs of a modern nation in a global economy. * Expansion Rests on 4 pillars 1. National Supremacy Article 2. War power 3. Commerce clause 4. Power 2 tax/ spend 4 gen. welfare Interpreting Federalism * Mulloch vs. Maryland: under the Necessary And Proper Clause- the fed. Gov. has implied powers * The constitutional established supremacyRead More‘Federal Government Increasingly Dominates State Governments in the Usa.’ Discuss.1330 Words   |  6 Pagespowers, and the federal government shares sovereignty with the state governments. This is the stark opposite to the unitary system in the UK where sovereignty lies in parliament and some powers are given to local assemblies. There are many types of federalism; all have been a dominant influence in the American political system at some point due to the style of leadership brought in by each new presidential candidate. Throughout U.S. history, the division of power between the federal government and stateRead MorePolitics And Action : Aiding Disaster Victims1601 Words   |  7 Pagesfederal government be obliged to versus the state government. o In order to delve into this topic, it is important to understand the American philosophy of federalism. o The relationship between the two can often be seen as confusing and often leads to a chaos filled environment as seen with the incident in Louisiana. Defining Federalism †¢ Federalism- A way of organizing a nation that two or more levels of government have formal authority over the same land and people; it is a system of shared powerRead MoreHow Has Politics Impacted Political Parties?714 Words   |  3 PagesHow has federalism impacted political parties? The basis of federalism is the idea that the state and federal government should share power. The federalists were supporters of a strong national government, led by Alexander Hamilton. The Democratic-Republicans led by Thomas Jefferson, opposed the federal government, their beliefs were that majority of power should be held by local governments (The States). Political parties over time have influenced national politics which eventually could influenceRead MoreThe On The Workings Of The Constitution Convention Essay1319 Words   |  6 PagesMu-Hsuan Chiang POLS 355 Professor Alan Buckley 9/25/2013 The Idea of Pluralism in the Workings of the Constitution Convention â€Å"The fundamental importance of the 1787 Constitutional Convention is indisputable, not only as a turning point in the history of the United States, but also as an event that continues to affect contemporary politics† (Pope and Shawn 1). Indeed, the historical significance of the Constitution Convention and its direct impact on American contemporary politics cannot be ignoredRead MoreFederalism Is A Key Component Of How The United States Government Operates Essay1225 Words   |  5 PagesFederalism is a key component of how the United States government operates. Many countries now are a federalist form of government. The definition of federalism is a governmental system in which national and regional governments share powers, and are considered independent equals (Smith and Greenblatt 29). Many countries now use a federalist system of government. The United States version of federalism was enacted with the Constitution in 1787, and has evolved in different ways since then . BeforeRead MoreA Well Regulated Militi The Founding Fathers And The Origins Of Gun Control1472 Words   |  6 Pagespopulation, the Second Amendment is the basis for the protection of individual rights to own guns while for another section of the same population, the Second Amendment is a means used by states and governments to maintain and protect militias. Gun Ownership as a Civic Obligation The ownership of guns is a civil right for the American citizens regardless of one’s ethnic, racial, economic, or religious background. Understanding the concept of civic duty is the basis of understanding the very principleRead MoreThe Reform Of Progressive Era Brought936 Words   |  4 Pagesonly 2 percent of the population- hardly the stuff of the modern regulatory-welfare state1. They also cautioned that confronting the Supreme Court with another income tax statute. Prior to the 16th Amendment, taxation in America was levied on the basis of consumption, not income. Tax based on consumption (a sales tax) entails limitations to that tax, because an excessive tax rate will itself stifle consumption and give rise to smuggling, black markets and other means of tax evasion. If duties are